Kauai County Planning Commission Meeting - July 14, 2026
Kauai County Planning Commission Meeting - July 14, 2026
The Kauai County Planning Commission convened on July 14, 2026, at 9:25 a.m. to address subdivision approvals, time extensions, special management area (SMA) permits, zoning permits, and a settlement stipulation. The commission approved all agenda items, often with added conditions, and granted a five-year extension to a North Shore homeowner due to extraordinary challenges.
Consent Calendar
- Agenda Approval: Approved as written by voice vote.
- Minutes Approval: Minutes of May 26, 2026, approved by voice vote.
- Subdivision Committee Report: Approved by voice vote. The committee had granted preliminary approval to PRW Princeville Development (S-2026-10) and three subdivision extension requests (S-2021-5, S-2022-2, S-2022-8).
Public Comments & Testimony
- No members of the public testified on any agenda item aside from applicants and their representatives.
Discussion Items
Subdivision Committee Actions (reported and ratified)
- PRW Princeville Development Preliminary Subdivision (S-2026-10): Proposed 65 lots on 46.62 acres (zoned R-6) in Princeville Phase 2. Commissioner Cox expressed concern about gated communities, noting the existing gate on Emalani Drive. The commission amended the approval to require resolution of public access under County Code §9-2.9 before final approval. Motion passed 3-0 (Subdivision Committee).
- Extension Requests: Three time extensions granted until April 11, 2027 (S-2021-5 and S-2022-2) and March 22, 2027 (S-2022-8). All applicants cited agency processing delays.
Special Management Area Use Permit SMAU 2026-6 (Malapet Residence)
- Applicant: Lon and Leanne Malapet proposed a two-story single-family residence and ADU on Kuhio Highway in Wainiha. The department recommended a two-year extension, but the applicants requested five years, citing landslides, COVID-19, contractor scarcity, and State Historic Preservation Division (SHPD) review. The commission unanimously approved a five-year extension (until July 14, 2031), noting the applicant’s pro se status and unique hardships. Commissioners emphasized the decision was not precedent-setting.
Class 4 Zoning Permit Z4 2026-15 and Use Permit UP 2026-12 (Verizon Wireless)
- Applicant: Cellco Partnership (Verizon) sought to install antennas in new cupolas on an existing building at Kukuia Village Shopping Center. Staff corrected the equipment area to 14’x4’ (not 4’x9’). The commission approved as amended with standard conditions, including consultation with police and fire departments. Vote: unanimous roll call.
Class 4 Zoning Permit Z4 2026-16 (Kauai Air Conditioning and Refrigeration)
- Applicant: Proposed a two-story office (9,600 sq ft) and future warehouse (8,000 sq ft) in Lihue. Commissioner Santos voiced concern about hazardous material storage near healthcare facilities; the applicant stated only small amounts of PVC glue and refrigerants would be stored, with most refrigerants in vehicles. Several commissioners disclosed being customers but no personal gain. Approved with 11 conditions. Vote: unanimous roll call.
Litigation Item I-1: Bayless TVNCUC Settlement
- Background: The planning director sought to revoke a non-conforming use certificate (TVNCUC 1108) for an illegal short-term rental. After an executive session, the commission approved a stipulation requiring the applicant to pay $10,000 administrative fine plus $28,731 penalty for 2024 rental income, and to allow monitoring. The petitioner retains the TVNCUC for the legal two-bedroom unit. The illegal five-bedroom rental will cease. Vote: unanimous roll call.
Key Outcomes
- Subdivision S-2026-10: Tentative approval with added access condition (unanimous).
- Three subdivision extensions: All granted (unanimous).
- SMAU 2026-6: Approved with five-year extension until July 14, 2031 (unanimous roll call).
- Z4/UP 2026-15 & 16: Both approved as amended (unanimous roll calls).
- Stipulation for Bayless: Approved after executive session (unanimous roll call).
- Public Hearing for ZA 2025-7: Deferred due to notification deficiencies; no action.
- Next Meeting: Scheduled for August 11, 2026.
Meeting Transcript
Here. Commissioner Giovanni. Here. Chair Stretford. I'm not recommended changes to the agenda. Could I have a motion to approve the agenda as written? I approve the agenda as written. I move that I reapprove the agenda as second the motion. It's been moved and seconded. Is there any discussion? If not, could I have a voice vote? All of those in favor of it approved the agenda? I. I don't have any members of the public sign up to testify on this agenda item aside from the applicant. Is there any member of the public that would like to testify this item? Um I'll summarize the report for the record. Comments are pending from the County of Kawhi Department of Water, the state historic preservation division, the State Department of Forestry Wildlife, and the U.S. Fish and Wildlife Service. Is the are there any questions for the planning department? Is the applicant here? Good morning, Planning Commission, subdivision committee members. I'm Max Graham. I represent the applicant in this matter. The applicant is PRW Princeville Development Company LLC. I refer to them as Princeville. And with me is Marin Horace Mendez Herrera, and she is the surveyor slash engineer who's responsible for this project. And so basically we have first we we have no objection to the conditions contained in the report or the recommendations. Next to the east of the Greens subdivision, and in what is called the Eastern Plateau of Phase Two. So Princeville Phase Two is the property from Cahaku Road all the way to Anini Vista subdivision. And this project actually the uh the lot was created as part of the uh Queens on, excuse me, the Greens on Queen Emma's Bluffs subdivision. So that was a subdivision that was done back in I think 2005. Um this was a remnant lot that was left over and uh it contains 46.62 acres. It's in the R6 CZO zoning district, and it's in the VDA. Um it's the last resort type development on the east side of phase two. At one time, phase two was planned for a major development within not only this area but also this what's called the Central Plateau. But that has been uh that is no longer a plan, and instead the Central Plateau has been developed into the North Shore Preserve Ag Subdivision. Um the applicant did prepare a Kapakai analysis done by Cultural Surveys Hawaii Dr. Hal Hammett the finding. It was done uh in accordance with the uh protocols issued by the planning department, and just as a reminder, the the purpose of the Kapacai is to identify and scope valued cultural, historical, and natural resources and traditional and customary native Hawaiian rights within a property to be developed. So first thing you do is try to identify if there are any uh practices or resources. Then number two, uh the uh there's an obligation to uh determine the extent to which the project will impact any such uh resources, and number three, then the the planning uh the uh state or county agency must determine the feasible action to reasonably protect such uh resources and practices. The uh the Kapah Kai analysis that you've been presented with did not find any uh cultural historic natural resources or practices taking place on the property. The the property is um for the last hundred years has been part of the Princeville ranch used uh for various uh purposes, primarily it was sugar cane for a while, and then the last uh fifty years or so it's uh been cattle pasture. Uh it's a level property, it's there's nothing on it, no obvious features. I handed out also this morning and uh archaeological impact uh uh assessment that uh statement, archaeological impact statement that was done uh by uh Dr. Hammett at the time of the original uh greens and meadows subdivision, and there were no uh archaeological features found on this property. Uh there are no Culiana lots located any anywhere near the this area in Princeville. Uh in fact, the uh closest Culiana lots are down on the Anini Beach uh corridor. The um and there are no practices that have been identified, nobody uh stepped forward to indicate any uh uh practices actively taking place. Um burials have ever been found.
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